Chief moves on right path over license to carry

Friday

Feb 15, 2013 at 6:00 AMFeb 15, 2013 at 12:20 PM

Clive McFarlane

On Wednesday, I wrote a column supporting what I believe to be Worcester Police Chief Gary Gemme's judicious approach to handing out gun licenses. A number of readers thought I missed the mark, suggesting that the chief's policy was overly restrictive.

Some noted, for example, that while the state says a felony conviction or misdemeanor conviction punishable by more than two years in prison disqualifies a person from getting a license to carry, the Worcester policy can potentially disqualify a person just on the basis of a felony or misdemeanor arrest.

Readers also noted that in Worcester a person can be denied an LTC if arrested for a domestic issue, or a DUI and affiliation with a person or group with a known criminal issue.

I still stand by my opinion of the chief's policy, but I thought it would be worthwhile to have him speak a little deeper about who qualifies as a “suitable person,” to carry and used a firearm.

Here are some excerpts from my conversations with the chief:

Q: It might be instructive if you were able to share your philosophical approach to issuing LTCs in Worcester, the reasons why you would restrict one person's use while providing unrestrictive use to another.

A: I believe we need to do everything we legally can do to limit the number of guns that are available in the community. This is a public safety imperative that drives our three-pronged strategy (gun buyback program, focusing resources on well known, violent offenders and their associates, and the city's LTC policy).

By identifying unsuitable individuals we keep firearms out of the hands of people who should not have them and by placing reasonable restrictions on an LTC we limit the times and places those gun can be legally carried.

Q: One reader ... suggested that in Worcester the unrestrictive (LTC) category is further marginalized with such designations as “self protection” only.

A: A LTC for personal protection does not have restrictions. A restriction on LTC would be sporting, target, employment, etc.

A person with an LTC for personal protection could use the firearm for sporting, target shooting, employment, and carry it on their person twenty-four seven. A person with a restriction would be limited to specific designations. For example, a LTC for sporting or target shooting would prohibit that individual from having their weapon on their person at 2 a.m. when they are drinking in a bar.

Q: Is it possible for an applicant to have committed one or more of these (local) disqualifying actions and still receive an LTC?

A: When I review an application for an LTC, I examine all the available reports, affidavits, statements, pictures and documents that are available. Every applicant has a unique history and each case is decided on the facts and circumstances that are available.

Without being too specific, a report of a fistfight 10 years ago between friends that was dismissed in court is different from a 10-year-old domestic assault where the investigating officer documented severe head injuries to the victim and medical treatment was provided, but the case was dismissed.

Q: It would seem that ... not all misdemeanor arrests ... are weighted the same in your judgment.

A: You are correct in that not all incidents can be viewed in the same light. Their are facts that are specific to each case that when you look at the totality of the information a decision is made as to suitability.

Q: Given that the possession of a small amount of marijuana in Massachusetts has been decriminalized, could a person who is fined for (possessing) an ounce or less of marijuana be disqualified for an LTC in Worcester.

A: A person that was arrested for a small amount of marijuana would not be summarily disqualified from obtaining an LTC.

Q: As you know, kids can't choose their siblings and parents can't always prevent their children from acting stupidly or criminally. As such, could an LTC be denied to a person who grew up in a home with a sibling who is a felon, or to a parent who has a child with a criminal history?

A: Same as with marijuana, a person with a clean record would not be disqualified because of their relationship with a person with a criminal record.

There would need to be some other factual information that would justify a finding of being an unsuitable person for an LTC. The point to remember is that the licensing authority cannot be arbitrary, capricious or abuse their authority. Every applicant denied has the right to a hearing in District Court.